Case Summary
Petitioner seeks eviction of respondent from rented property to reconstruct the building for personal business use.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule property within one month
Case Type
Rent Control Petition
Final Judgment
No
The court granted the petitioner's request for eviction to enable the reconstruction of the building for personal business use.
Why Plaintiff Won:
The petitioner's bona fide need for eviction to reconstruct the building for personal business use was proven unchallenged by the respondent.
The petitioner's bona fide need for eviction to reconstruct the building for personal business use was proven unchallenged by the respondent.
Losing Side's Weaknesses:
The petitioner's bona fide need for eviction to reconstruct the building for personal business use was proven unchallenged by the respondent.
The petitioner's bona fide need for eviction to reconstruct the building for personal business use was proven unchallenged by the respondent.
Supporting Evidence
The respondent has to establish the ingredient of the second proviso to claim the benefit. Since no counter was filed, the evidence adduced by the petitioner remained unchallenged. Hence, the need for eviction was proved.
Judgment Evidence:
The petition is allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: The respondent is directed to provide the petitioner vacant possession of the petition schedule property within one month from today. The respondent shall pay costs of the petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhimarakkar.C.P.
- Party Age
- 47
- Relation
- S/o Abdulla
- Party Role
- Defendant
- Party Name
- Vadakke Karanamvalappil Kunhumon
- Party Age
- 50
- Relation
- S/o Kunhava
Plaintiffs Documents
Copy of Lawyer notice dt; 8-1-2016, Acknowledgment card, Postal Receipt, Reply Notice dt; 12-2-2016
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Vacant possession of the petition schedule property within one month
Evidence:
The petition is allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: The respondent is directed to provide the petitioner vacant possession of the petition schedule property within one month from today. The respondent shall pay costs of the petition.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Documented demands made prior to eviction request.
Reference:
A1(a)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Evidence of respondent's response to eviction request.
Reference:
A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner for validation of facts.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner for validation of facts.
Reference:
C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Eviction for reconstruction
Case Code
Case between Kunhimarakkar.C.P. vs Vadakke Karanamvalappil Kunhumon regarding eviction
Case Code Year
Case between Kunhimarakkar.C.P. vs Vadakke Karanamvalappil Kunhumon regarding eviction